Arbitral Digest

Matter

Joseph C. Lemire v. Ukraine (ICSID Case No. ARB/06/18)

Case no.
ARB/06/18
Applicable rules
ICSID Arbitration Rules
  1. 14 January 2010Arbitration

    14 January 2010Arbitration

    Decision on Jurisdiction and Liability dated 14 January 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided jurisdiction and liability, including a breach of the fair and equitable treatment standard by Ukraine, and left the quantification of damages for a second phase of the arbitration.

    Supporting details

    2 participants
    Joseph Charles Lemire
    Ukraine
    International Centre for Settlement of Investment Disputes

    1 year, 2 months and 14 days later · 438 days

  2. 28 March 2011Arbitration

    28 March 2011Arbitration

    Award dated 28 March 2011

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Award addressed causation and quantum and concluded that Ukraine's wrongful acts were linked through a proximate and foreseeable chain of causation to the frustration of Joseph Charles Lemire's business plans.

    Supporting details

    2 participants
    Joseph Charles Lemire
    Ukraine
    International Centre for Settlement of Investment Disputes

    9 months and 15 days later · 290 days

  3. 12 January 2012Arbitration

    12 January 2012Arbitration

    First Procedural Order dated 12 January 2012

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 2 days later · 33 days

  4. 14 February 2012Arbitration

    14 February 2012Arbitration

    Decision on Ukraine's Request for a Continued Stay of Enforcement of the Award dated 14 February 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee continued the stay of enforcement for the duration of the annulment proceeding, conditional on Ukraine posting an unconditional and irrevocable bank guarantee or security bond for the full amount of the Award within 45 days.

    Supporting details

    2 participants
    Joseph Charles Lemire
    Ukraine
    International Centre for Settlement of Investment Disputes

    1 month and 19 days later · 48 days

  5. 2 April 2012Arbitration

    2 April 2012Arbitration

    Procedural Order No. 2 dated 2 April 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee confirmed the termination of the stay of enforcement and reserved its right to take Ukraine's compliance with the Decision on the Stay into account in allocating costs.

    Supporting details

    2 participants
    Joseph Charles Lemire
    Ukraine
    International Centre for Settlement of Investment Disputes

    8 months and 19 days later · 263 days

  6. 21 December 2012Arbitration

    21 December 2012Arbitration

    Procedural Order No. 3 dated 21 December 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee reinstated the stay of enforcement of the Award conditional on Ukraine's due performance of the terms of the Escrow Agreement.

    Supporting details

    2 participants
    Joseph Charles Lemire
    Ukraine
    International Centre for Settlement of Investment Disputes

    6 months and 17 days later · 199 days

  7. 8 July 2013Arbitration

    8 July 2013Arbitration

    Decision on Ukraine's Application for Annulment of the Award dated 8 July 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee held that the Decision on Jurisdiction and Liability could not be subject to the annulment proceeding, rejected Ukraine's claims for partial annulment of the Award, ordered the immediate lift of the stay of enforcement and immediate payment under the Escrow Agreement, and directed that each party bear its own legal fees and expenses while Ukraine bears the ICSID fees.

    Supporting details

    2 authorities · 20 participants
    Joseph Charles Lemire
    Representative
    Derains & Gharavi (For: Joseph Charles Lemire)
    Representative
    Hamid G. Gharavi (For: Joseph Charles Lemire)
    Representative
    Stephan Adell (For: Joseph Charles Lemire)
    Representative
    Nada Sader (For: Joseph Charles Lemire)
    Ukraine
    Representative
    White & Case LLP (For: Ukraine)
    Representative
    John S. Willems (For: Ukraine)
    Representative
    Michael A. Polkinghorne (For: Ukraine)
    Representative
    Olga Mouraviova (For: Ukraine)
    Representative
    Nathalie Makowski (For: Ukraine)
    Representative
    Noor Davies (For: Ukraine)
    Representative
    Egorov Puginsky Afanasiev & Partners (For: Ukraine)
    Representative
    Serhii Sviriba (For: Ukraine)
    Representative
    Markiyan Kliuchkovskyi (For: Ukraine)
    Representative
    Olga Putevets (For: Ukraine)
    Representative
    Christina Khripkova (For: Ukraine)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • Vienna Convention on the Law of Treaties
      treaty
  8. Date not availableArbitration

    Date not availableArbitration

    Award by Consent

    International Centre for Settlement of Investment Disputes

    Supporting details

    2 participants
    Joseph Charles Lemire
    Ukraine
    International Centre for Settlement of Investment Disputes

Matter record

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Joseph C. Lemire v. Ukraine (ICSID Case No. ARB/06/18) · Matter